5 U.S.C. § 5759 — Retention and relocation bonuses for the Federal Bureau of Investigation
submitted 22 years ago by Pub. L. 108-447 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 319 words · no verdicts yet
The FBI Director may pay a qualifying employee a retention or relocation bonus, after consulting the Office of Personnel Management. The employee must sign a service agreement, and the bonus is capped at 50 percent of basic pay and is not basic pay.
(a) Authority .— The Director of the Federal Bureau of Investigation, after consultation with the Director of the Office of Personnel Management, may pay, on a case-by-case basis, a bonus under this section to an employee of the Bureau if— (1) (A) the unusually high or unique qualifications of the employee or a special need of the Bureau for the employee’s services makes it essential to retain the employee; and (B) the Director of the Federal Bureau of Investigation determines that, in the absence of such a bonus, the employee would be likely to leave— (i) the Federal service; or (ii) for a different position in the Federal service; or (2) the individual is subject to a mobility agreement and is transferred to a position in a different geographical area in which there is a shortage of critical skills (as determined by the Director of the Federal Bureau of Investigation). (b) Service Agreement .— Payment of a bonus under this section is contingent upon the employee entering into a written service agreement with the Bureau to complete a period of service with the Bureau. Such agreement must include— (1) the period of service the individual must be required to complete in return for the bonus; and (2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination, including requirements for a bonus recipient’s repayment of a bonus in circumstances determined by the Director of the Federal Bureau of Investigation. (c) Limitation on Authority .— A bonus paid under this section cannot exceed 50 percent of the employee’s annual rate of basic pay. The bonus may be paid in a lump sum or installments linked to completion of periods of service. (d) Impact on Basic Pay .— A bonus paid under this section is not part of the basic pay of an employee for any purpose.
The Director of the Federal Bureau of Investigation, after consultation with the Director of the Office of Personnel Management, may pay, on a case-by-case basis, a bonus under this section to an employee of the Bureau if—
the unusually high or unique qualifications of the employee or a special need of the Bureau for the employee’s services makes it essential to retain the employee; and
the Director of the Federal Bureau of Investigation determines that, in the absence of such a bonus, the employee would be likely to leave—
the Federal service; or
for a different position in the Federal service; or
the individual is subject to a mobility agreement and is transferred to a position in a different geographical area in which there is a shortage of critical skills (as determined by the Director of the Federal Bureau of Investigation).
Payment of a bonus under this section is contingent upon the employee entering into a written service agreement with the Bureau to complete a period of service with the Bureau. Such agreement shall include—
the period of service the individual shall be required to complete in return for the bonus; and
the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination, including requirements for a bonus recipient’s repayment of a bonus in circumstances determined by the Director of the Federal Bureau of Investigation.
A bonus paid under this section may not exceed 50 percent of the employee’s annual rate of basic pay. The bonus may be paid in a lump sum or installments linked to completion of periods of service.
A bonus paid under this section is not part of the basic pay of an employee for any purpose.
Source credit: (Added Pub. L. 108–447, div. B, title I, § 113(a), Dec. 8, 2004, 118 Stat. 2868; amended Pub. L. 111–117, div. B, title II, § 217, Dec. 16, 2009, 123 Stat. 3141; Pub. L. 111–259, title IV, § 443, Oct. 7, 2010, 124 Stat. 2733.)
- 2004Enacted · Pub. L. 108-447 · 118 Stat. 2868
- 2009Amended · Pub. L. 111-117 · 123 Stat. 3141
- 2010Amended · Pub. L. 111-259 · 124 Stat. 2733
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-447 on 2004-12-08.
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